Federal Trust Co. v. Nelson

A petition for rehearing having been granted, the former opinion filed April 2, 1935, 260 N. W. 341, is withdrawn, and this opinion is substituted therefor as the opinion of the court in this matter.

This was an action at law and was tried to the court. Defendants had executed to plaintiff fourteen promissory notes, and a mortgage upon certain Nebraska real estate securing the notes. The Nebraska real estate had been exhausted by foreclosure of the mortgage, leaving a portion of the notes unpaid, to recover which this action was commenced. The notes and mortgage were Nebraska contracts and the…